727
Federal Aviation Administration, DOT
§ 152.109
the sponsor owns or controls, the spon-
sor must have complied with the agree-
ment, or show to the satisfaction of the
Administrator that it will comply or,
for reasons beyond its control, cannot
comply with the agreement:
(i) Each grant agreement made with
it under the Federal Airport Act (49
U.S.C. 1101
et seq.
), or the AADA.
(ii) Each convenant in a conveyance
to it under section 16 of the Federal
Airport Act or section 23 of the AADA.
(iii) Each convenant in a conveyance
to it of surplus airport property under
section 13(a) of the Surplus Property
Act (50 U.S.C. App 1622(g)) or under
Regulation 16 of the War Assets Ad-
ministration.
(4) The sponsor, in the case of a sin-
gle sponsor, or one or more of the co-
sponsors must have, or be able to ob-
tain—
(i) Funds to pay all estimated costs
of the project that are not to be born
by the United States; and
(ii) Satisfactory property interests in
the lands to be developed or used as
part of, or in connection with, the air-
port as it will be after the project is
completed.
(b) Another public agency may act as
agent of the public agency that is to
own and operate the airport, for the
purpose of channeling grant funds in
accordance with state or local law,
without becoming a sponsor.
§ 152.105 Sponsors and planning agen-
cies: Airport planning.
(a) To be eligible to apply for a
project for airport planning—
(1) If the project is for airport master
planning—
(i) Each sponsor must be a public
agency and meet the requirements of
§ 152.103(a)(3); and
(ii) The sponsor, in the case of a sin-
gle sponsor, or one or more cosponsors
must be legally able to implement the
planning, within the existing or pro-
posed airport boundaries, that results
from the project study.
(2) If the project is for airport system
planning, each sponsor must be a plan-
ning agency.
(b) Another public agency or plan-
ning agency may act as agent of an-
other public agency or planning agen-
cy, for the purpose of channeling grant
funds in accordance with state or local
law, without becoming a sponsor.
§ 152.107 Project eligibility: Airport de-
velopment.
(a) Except in the case of approved
stage development, each project for
airport development must provide for—
(1) Development of an airport or unit
of an airport that is safe, useful, and
usable; or,
(2) An additional facility that in-
creases the safety, usefulness, and
usability of an airport.
(b) Unless otherwise authorized by
the Administrator, a project for airport
development must involve more than
$25,000 in United States funds.
(c) The development included in a
project for airport development must—
(1) In the opinion of the Adminis-
trator, be ‘‘airport development’’ as de-
fined in § 152.3;
(2) Be identified as airport develop-
ment in the mandatory standards in-
corporated into this part by § 152.11;
and
(3) Be described in an approved air-
port layout plan.
(d) The airport involved in a project
for airport development must be in-
cluded in the current NASP.
(e) In complying with paragraph (a)
of this section, the sponsor must—
(1) Own, acquire, or agree to acquire
control over, or a property interest in,
runway clear zones that the Adminis-
trator considers adequate; and
(2) Provide for approach and runway
lighting systems satisfactory to the
Administrator.
§ 152.109 Project eligibility: Airport
planning.
(a)
Airport master planning.
A pro-
posed project for airport master plan-
ning is not approved unless—
(1) The location of the existing or
proposed airport is included in the cur-
rent NASP;
(2) In the opinion of the Adminis-
trator, the proposed planning would
promote the effective location of public
airports and the development of an
adequate NASP;
(3) The project is airport master
planning as defined in § 152.3;
728
14 CFR Ch. I (1–1–24 Edition)
§ 152.111
(4) If the project has been determined
to have areawide significance by an ap-
propriate areawide agency, it has been
incorporated into a unified planning
work program; and
(5) In the case of a proposed project
for airport master planning in a large
or medium air traffic hub, in the opin-
ion of the Administrator—
(i) There is an appropriate system
plan identifying the need for the air-
port;
(ii) The absence of a system plan is
due to the failure of the responsible
planning agency to proceed with its
preparation; or
(iii) An existing system plan is not
acceptable.
(b)
Airport system planning.
A pro-
posed project for airport system plan-
ning is not approved unless—
(1) In the opinion of the Adminis-
trator, the project promotes the effec-
tive location of public airports;
(2) In the opinion of the Adminis-
trator, the project promotes the devel-
opment of an adequate NASP;
(3) The project is airport system
planning as defined in § 152.3; and
(4) When the project encompasses a
metropolitan area that includes a large
or medium hub airport, the project is
incorporated in a unified planning
work program.
§ 152.111 Application requirements:
Airport development.
(a) An eligible sponsor that desires to
obtain Federal aid for eligible airport
development must apply to the FAA in
accordance with this section. The spon-
sor must apply on a form and in a man-
ner prescribed by the Administrator,
through the FAA Airports District Of-
fice or Airports Field Office having ju-
risdiction over the area where the
sponsor is located or, where there is no
such office, the Regional Office having
that jurisdiction.
(b)
Preapplication for Federal assist-
ance.
A preapplication for Federal as-
sistance must be submitted unless—
(1) The Federal fund request is for
$100,000 or less; or,
(2) The project does not include con-
struction, land acquisition, or land im-
provement.
(c) Unless otherwise authorized by
the Administrator, the preapplication
required by paragraph (b) of this sec-
tion must be accompanied by the fol-
lowing:
(1) A list of the items of airport de-
velopment requested for programming,
together with an itemized estimated
cost of the work involved.
(2) A sketch or sketches of the air-
port layout indicating the location for
each item of work proposed, using the
same item numbers used in the list re-
quired by paragraph (c)(1) of this sec-
tion.
(3) If the proposed project involves
the displacement of persons or the ac-
quisition of real property, the assur-
ances required by §§ 25.57 and 25.59, as
applicable, of the Regulations of the
Office of the Secretary of Transpor-
tation (49 CFR 25.57 and 25.59), whether
or not reimbursement is being re-
quested for the costs of displacement
or real property acquisition.
(4) Any comments or statements re-
quired by appendix E, Procedures Im-
plementing Office of Management and
Budget Circular A–95, to this part, with
a showing that they have been consid-
ered by the sponsor.
(5) If the proposed development in-
volves the construction of eligible air-
port buildings or the acquisition of eli-
gible fixed equipment to be contained
in those buildings, a statement wheth-
er the proposed development will be in
an area of the community that has
been identified by the Department of
Housing and Urban Development as an
area of special flood hazard as defined
in the Flood Disaster Protection Act of
1973 (42 U.S.C. 4002
et seq.
).
(6) If the proposed development is in
an area of special flood hazard, a state-
ment whether the community is par-
ticipating in the National Flood Insur-
ance Program (42 U.S.C. 4011
et seq.
).
(7) The sponsor’s environmental as-
sessment prepared in conformance with
appendix 6 of FAA Order 1050.1C,
‘‘Policies and Procedures for Consid-
ering Environmental Impacts’’ (45 FR
2244; Jan. 10, 1980), and FAA Order
5050.4, ‘‘Airport Environmental Hand-
book’’ (45 FR 56624; Aug. 24, 1980), if an
assessment is required by Order 5050.4.
Copies of these orders may be exam-
ined in the Rules Docket, Office of the
Chief Counsel, FAA, Washington, D.C.,
and may be obtained on request at any